Supreme Court of India · 2010-11-23
Gian Singh vs State Of Punjab & Anr
- Citation / case number
- AIR 2011 SC (CRIMINAL) 30
- Court
- Supreme Court of India
- Petitioner
- Gian Singh
- Respondent
- State Of Punjab & Anr
- Bench
- Gyan Sudha Misra, Markandey Katju
Judgment text excerpt
The Supreme Court directed that the cases of B.S. Joshi vs. State of Haryana, Nikhil Merchant vs. CBI, and Manoj Sharma vs. State require reconsideration by a larger bench, as they indirectly permitted the compounding of non-compoundable offences, contrary to Section 320 of the Cr.P.C. The Court emphasized that non-compoundable offences, such as those under Section 120B IPC, cannot be compounded, maintaining judicial restraint and the separation of powers. The matter is to be placed before the Chief Justice for the constitution of a larger bench.